Telegram-herald., 1887-09-10
TAKEN INTO COURT
&c glEeTae 80 coAIsosEssY.


= ar. At4 ss414 q Atc4-4L3tt1, - A--1A@@f-
ssr tie 6rsad ksElds k.scsric Lsg1t sHa
r8~sl compaay base hlsd 6il p -
talfed - - Ctrcais CouTt aSkl1s t1s
comp4ay Fiy4i TIE Elison E.ecfrie Lisat
a. kuss Cas- COMPANY, te gsstE alliza ifeiA
dong 61siasss ~ preparing " ID Risisess
IA tais aty. Tie Fs9 zess : sassd upc1 ne
eiaim taal the elslnn1s rane1is< esffi<s
Wiz & tie exclusive Tightto Use tne streets
of tas city Tor tie purpose Of ereeting poles
xa2 srFia<ing sifss for ne purpose o. dis-
tgiLafings eefEie ighk AMI poser, Tor lbs
ie-in of nfLeea yezFs fro4 April -. lsrl
ia sapp0Tt Of this claim the 0l4l quotSs
clause from the ordinance = aleh reals
~Ihe cay Of Grand Rapids expressly re-
serves fAe rigbi - alter snd amend tbs or
1lnznce la 4ay mAlasr necessary f9H ths
zzisly or welfare 0i TIE pGolic. aad - case
II - Necessary q ID 80 ~ pr0tess he pesiie
Interests g1s lhs exclusive rights And pfif.-
.szes HefeoV gFaatsa slass 4ot % impaired
Ok abridged ~ such alteration or amend
meng.
The bl.i thea statss The condition Of the
company the amount " light furnished,
and be shsfe the plant ant company - a.
Dl - IA miles II clly streets theg esalm ID
hare Wired nfteen miles. covering Al The
business streets Of In portznee. fIrniShins
10 4fc lights - ths city, AID eighty seven
t1 other consumers. aad 10 the city anu
Others go Incsadascenl lights. The con-
ra1y claims % asYe expended prior 20 hay,
iso7 Tor the plant. upward VI SID 90.
&c also reviews ths odds Vlth which an
electric light company has 10 contend, e.
peciAliy when established. as tnls one Was.
bsi0re the system bad been perfected. II
s.afes snas a iargs expenditure OF money
and scientific kBOslsdgs Is necessary, and
that .he number OF persons requiring the
5xht Is necessarily limited in zny locality.
! and TO keep pace with improvements re
/ quires large outlay. also that because Of rs
expense aad .-e size 81 the tOHa when the
company introduced this system, the city
| could not With the will Of the people have
operated Sn electric lighting plant as II does
/ the water works. The value OF such
plant a. the one put IN is then rehearsed,
/ followed by the statement that the CON-
| pany would not have yentured upon It's
| construction and operation unless the or
| dinancs placed bad conferred upon II tue
exclusive rights TO the city streets Tor
/ electric lighting purposes Tor niteen years,
anu that without sach grant il would have
been impossible 10 procure any other per
| son or company 10 undertake the WORK OF
| constructing and operating such plant, and
| that the term OF fifteen years Is granted
was reasonable under the circumstances.
liz il claimed that the Edison Company
| Obtained the passage OF their ordinance
| with full knowledge Of the prior ordinance
| granted 10 the complaining company, ana
| knowing that in SO limited field the sstab-
lishment OF another company would OF
necessity injure the business OF the nFsl
established concern. IL is further stated
that the complainants believe the otncers
and promoters of the Edison Company IN
this city 20 be band Of spectators and
1 - ho hava ron af,i-ai IN tpfraud
their company out OF its legitimate prohe
| not having dared TO enter IL the field al an
earlier date, and that the Edison Company
| officers and agents have been 20 customer:
Of the Grand Rapids Company solIcinEs
and endeavoring 10 secure their patronage
The bill further states that the Edlsos
Company knew of the exclusive rlgh
] claimed by and granted 10 the complainant
and that verbal notice had been gwen tt
them that any action that might be taker
under their the Edison company >
ordinance would De st the com
PAWS own risk, and that th'
complaining company should always insls
upon its exclusive rights; also that on th'
2fth dsy OF August, a written notice 10 tha
effect was served upon the Edison company
Nevertheless the defendants did not tax
heed. but proceeded with their work at IN
plant. and the soliciting ofpatronage. open
| ~ declaring their intention OF iminediatel.
furnishing electricity 70 CONSUMERS
Upon the fling Of the complaint tn
Court entered an order requiring the DE
feudaat 70 show cause on Monday next VIII,
the injunction should not De granted, a
! asked IN the complainsnt's bill.
The Edison Compsny proposes 10 CIV
bonds to abide by the decision OF the court
and proceed with the work. The manager
say that they do not fear the result of tn
litigation. and expec. 10 continue the wor
and fulhIl tksircontracts Just as II the sui
had not been commenced.
II was expected that the action would b
brought in the Superior Court, and the res
son given for applying 20 the Federal Cour
Is that the ordinance giving the plainti
the exclusive right TO the streets. etc. is
!. contract which is within the protection q
the Constitution of the United States.